[2024] KEELC 337 (KLR)
The court found that the Notice of Motion dated September 11, 2023, was unopposed. In the absence of any opposition and upon consideration of the application, the court determined that the applicant was entitled to the orders sought. The court exercised its discretion under the Civil Procedure Act and Rules to allow...
Source-derived case information.
- Citation
- [2024] KEELC 337 (KLR)
- Parties
- Applicant: Odeny Maube & Co. Advocate; Respondent: Molyn Credit Limited; Garnishee: NCBA Bank Kenya
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E026 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Notice of Motion
- Outcome
- Application allowed as prayed. Costs to the applicant.
- Judges
- E Asati
- Legal Topics
- Garnishee Proceedings, Execution of Judgments, Unopposed Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Odeny Maube & Co. Advocate
Applicant
Molyn Credit Limited
Respondent
NCBA Bank Kenya
Garnishee
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Notice of Motion
Legal Issues
- 1 Whether the applicant is entitled to the orders sought in the unopposed Notice of Motion application.
- 2 Whether the court should allow the application as prayed given the lack of opposition.
Ratio Decidendi
The court found that the Notice of Motion dated September 11, 2023, was unopposed. In the absence of any opposition and upon consideration of the application, the court determined that the applicant was entitled to the orders sought. The court exercised its discretion under the Civil Procedure Act and Rules to allow the application as prayed, awarding costs to the applicant.
Court Disposition
Application allowed as prayed. Costs to the applicant.
Orders
- The Notice of Motion dated September 11, 2023 is allowed as prayed.
- Costs awarded to the applicant.
Full Case Text
Judgment text and source record
20 paragraphs
Odeny Maube & Co. Advocate v Molyn Credit Limited; NCBA Bank Kenya (Garnishee) (Miscellaneous Civil Application E026 of 2021) [2024] KEELC 337 (KLR) (1 February 2024) (Ruling)
Neutral citation: [2024] KEELC 337 (KLR)
Republic of Kenya
In the Environment and Land Court at Kisumu
Miscellaneous Civil Application E026 of 2021
E Asati, J
February 1, 2024
Between
Odeny Maube & Co. Advocate
Applicant
and
Molyn Credit Limited
Respondent
and
NCBA Bank Kenya
Garnishee
Ruling
1. The application before court for determination is the Notice of Motion dated September 11, 2023 expressed to be brought pursuant to the provisions of section 1A, 1B and 3A of the Civil Procedure Act and orders 23 rule 1 and 2 and order 51 rule 1 of the Civil Procedure Rules 2010.
2. The application being unopposed is hereby allowed as prayed. Costs to the applicant.
RULING DATED AND SIGNED AT KISUMU AND DELIVERED THIS 1ST DAY OF FEBRUARY, 2024 VIRTUALLY THROUGH MICROSOFT TEAMS ONLINE APPLICATION................E. ASATI,JUDGE.In the presence of:Maureen: Court Assistant.Mrs. Omondi for the Applicant.No appearance for the Respondent.